CRIMINAL ACT (PART II INDIVIDUAL PROVISIONS) [See entire ACT]

CHAPTER XL CRIMES OF EMBEZZLEMENT AND BREACH OF TRUST

Article 355 (Embezzlement and Breach of Trust)

(1) A person who, having the custody of another's property, embezzles or refuses to return it, shall be punished by imprisonment for not more than five years or by a fine not exceeding fifteen million won.
(2) The preceding paragraph shall apply to a person who, administering another's business, obtains pecuniary advantage or causes a third person to do so from another in violation of ones duty, thereby causing loss to such person.

Article 356 (Occupational Embezzlement, Occupational Breach of Trust)

A person who commits the crime as prescribed in Article 355 in violation of the duties of ones occupation, shall be punished by imprisonment for not more than ten years or by a fine not exceeding thirty million won

Article 357 (Receiving or Giving Bribe by Breach of Trust)

(1) A person who, administering another's business, receives property or obtains pecuniary advantage from a third person in response to an illegal solicitation concerning his duty, shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.
(2) A person who gives the property or pecuniary advantage as specified in paragraph (1), shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won. (3) The property mentioned in paragraph (1) which has been obtained by the offender shall be confiscated. When confiscation is impossible or pecuniary advantage has been obtained, the equivalent price thereof shall be collected.

Article 358 (Concurrent Imposition of Suspension of Qualifications)

In regard to the crimes of the preceding three Articles, suspension of qualifications for not more than ten years may be concurrently imposed.

Article 359 (Attempts)

Attempts to commit any crime of Articles 355 through 357 shall be punished.

Article 360 (Embezzlements of Lost Articles)

(1) A person who wrongfully appropriates lost articles, driftage, or any other property of which possession has been lost, shall be punished by imprisonment for not more than one year or a fine not exceeding three million won or a minor fine.
(2) The preceding paragraph shall apply to a person who appropriates buried articles.

Article 361 (Crimes among Relatives, Energy)

The provisions of Articles 328 and 346 shall apply mutatis mutandis to the crimes of this Chapter.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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